Jet2.com Ltd v Huzar [2014] EWCA Civ 791 (11 June 2014)

An unforeseeable technical defect, even if not discoverable by reasonable maintenance or inspection, is inherent in the normal operation of an airline and does not constitute 'extraordinary circumstances' under Regulation (EC) No. 261/2004, Article 5(3); therefore, the airline is not exempt from paying compensation for the delay.

Citation: [2014] EWCA Civ 791
Parties: Appellant: JET2. COM LIMITED; Respondent: RONALD HUZAR
Jurisdiction: England and Wales
Judgment Date: 11 June 2014
Procedural Posture: Civil Appeal / Appeal From Manchester County Court
Outcome: Appeal dismissed
Legal Topics: Flight Delay Compensation, Extraordinary Circumstances Defence, Interpretation of Regulation (ec) No. 261/2004, Technical Defects in Air Carriage

Aviation Law Consumer Protection European Union Law Flight Delay Compensation Extraordinary Circumstances Defence Interpretation of Regulation (ec) No. 261/2004 Technical Defects in Air Carriage

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

JET2. COM LIMITED

Appellant

RONALD HUZAR

Respondent

Procedural Posture

Civil Appeal / Appeal From Manchester County Court

Legal Issues

1 Whether an unforeseeable technical defect constitutes 'extraordinary circumstances' under Regulation (EC) No. 261/2004, Article 5(3)
2 Whether the airline is exempt from paying compensation for flight delay due to such a defect

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The appeal by Jet2. Com Limited is dismissed.
The decision of HH Judge Platts awarding compensation to Mr Ronald Huzar is upheld.